Perton and Hungerford

Case

[2017] FamCA 687

21 February 2017


Details
AGLC Case Decision Date
Perton and Hungerford [2017] FamCA 687 [2017] FamCA 687 21 February 2017

CaseChat Overview and Summary

The proceedings involved the mother and father of a child, G, and concerned orders relating to family therapy and the continuation of existing orders. The matter came before McClelland J.

The court was required to determine whether to grant the mother leave to rely on certain affidavits and to tender a report into evidence. Further, the court needed to make orders regarding the attendance of the parents and the child at family therapy, including directions for making appointments, the provision of relevant reports to the therapist, attendance requirements, and the confidentiality and cost of the therapy. The court also considered varying an existing order concerning its duration and the scheduling of final hearing dates.

McClelland J granted the mother leave to rely on the specified affidavits and ordered that the report of Mr B be tendered into evidence. The court then made detailed orders for the parents to attend family therapy with Ms E or another nominated therapist, requiring them to facilitate the child's attendance if directed. These orders included provisions for making appointments, providing reports to the therapist, attendance at individual and family sessions, compliance with recommendations, and the equal sharing of costs for joint sessions. The therapy was to be confidential and non-reportable, except for discussions between the Independent Children's Lawyer and the therapist regarding progress and compliance. The court also varied a previous order to extend its duration until a reasonable period after the commencement of family therapy and reserved specific dates for the final hearing.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

4

Noetel & Quealey [2005] FamCA 677